State v. Pettijohn

The administration of a warrantless breath test to Defendant violated Iowa Const. art. I, 8 because the State failed to prove that Defendant voluntarily consented to the warrantless breath test and failed to prove that the breath test was justified by an exception to the warrant requirement.
Defendant was convicted of operating a motorboat while under the influence. Defendant appealed the denial of his motion to suppress all evidence after an officer seized the boat he was operating, including the results of a blood test he submitted to. The Supreme Court reversed, holding (1) the law enforcement officer’s seizure of the boat Defendant was operating was constitutional because the officer had a reasonable, articulable suspicion Defendant was committing a crime; but (2) Defendant did not effectively consent to the warrantless breath test, and therefore, the admission of the breath test results violated article I, section 8. View "State v. Pettijohn" on Justia Law